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Terms of Use

 

The following terms and conditions ("Terms and Conditions") govern your use of this web site (the "Site"), and by accessing, viewing, or using the material on the Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree with the Terms and Conditions, you are not granted permission to use the Site and should exit immediately.

1. Proprietary Rights.

All material contained in this Site is protected by law, including but not limited to, United States copyright law. Except as indicated, the entire content (including images, text and look and feel attributes) of this Site is © 2014 The New Morning Foundation. All rights reserved. Removing or altering the copyright notice on any material on the Site is prohibited. The New Morning Foundation also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of such content. Any commercial use of this content is prohibited without the prior written consent of The New Morning Foundation. All trademarks and logos are proprietary to The New Morning Foundation. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Please be advised that The New Morning Foundation actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

2. Communications With Our Web Site.

The New Morning Foundation welcomes your feedback and suggestions about how to improve our products and services and this Site. By transmitting any suggestions, information, material, or other content (collectively, "content") to The New Morning Foundation, you automatically grant The New Morning Foundation the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, The New Morning Foundation is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatever, including but not limited to creating and marketing products and/or services using such information.

3. No Solicitation or Offer of Medical Services or Advice.

This Site is Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service. Some products and/or services may not be available in all states. No material contained herein should be construed as medical advice. Individual inquiries about sensitive or confidential matters should be addressed to appropriate health care professionals.

4. No Legal Advice.

Nothing contained, expressed, or implied in this Site is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is established between The New Morning Foundation and you by reason of your use of this Site or under any circumstances whatever. The information in this Site is for general informational purposes only. If you have questions about any law, statute, regulation, or requirement expressly or implicitly referenced in this Site, you should contact your own legal counsel.

5. Confidentiality Cannot be Guaranteed.

Please be advised that the confidentiality of any communication or material transmitted to The New Morning Foundation via this Site or Internet electronic mail cannot be guaranteed, including personal information such as your address or social security number.

6. Privacy Statement.

The New Morning Foundation has a Privacy Statement disclosing what information we collect about visitors, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used. View the Privacy Policy, which is incorporated by reference, as if set forth fully herein.

7.Disclaimer of Warranty and Liability.

USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER THE NEW MORNING FOUNDATION NOR ITS AFFILIATES ARE RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE NEW MORNING FOUNDATION SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE NEW MORNING FOUNDATION TO YOU EXCEED THE PRICE PAID FOR USE OF THE SITE.

8. Corrections and Changes.

While we endeavor to keep these materials up to date, The New Morning Foundation cannot assume responsibility for any errors or omissions in these materials. The New Morning Foundation further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. The New Morning Foundation may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein. The New Morning Foundation, reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions, or for any reason whatever.

9. Indemnification.

You agree to defend, indemnify, and hold harmless The New Morning Foundation, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the Site and any breach by you of these Terms and Conditions.

10. Links to Other Web Sites.

This Site may, from time to time, contain links to other Internet web sites for the convenience of users in locating information and services that may be of interest. These sites are maintained by organizations over which The New Morning Foundation exercises no control, and The New Morning Foundation expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. The New Morning Foundation does not control, endorse, promote, or have any affiliation with any other web site unless expressly stated herein.

11. Use of the Internet.

Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. Neither The New Morning Foundation nor its affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

12. Governing Law and Jurisdiction.

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of South Carolina, without reference to its choice of law rules. By accessing, viewing, or using the material on the Site, you consent to the jurisdiction of the federal and state courts presiding in Columbia, South Carolina, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by The New Morning Foundation from its offices within the United States. The New Morning Foundation makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.

These Terms and Conditions constitute the entire agreement between you and The New Morning Foundation with respect to your use of the Site. You acknowledge that, in providing you access to and use of the Site, The New Morning Foundation has relied on your agreement to be legally bound by these Terms and Conditions.

Data Use

The Foundation will not collect any personally identifiable information about you through your use of this Web Site unless you provide that information voluntarily by contacting the Foundation. The Foundation will use any information so provided only to correspond with you about the matter in connection with which you provide it. The Foundation will retain that information, including related correspondence for its records. The Foundation will not disclose that information to any unaffiliated third party unless legally required to do so or where necessary to address the subject matter of that correspondence. By submitting your personal information to the Foundation by e-mail or otherwise through this Web Site, you agree to the Foundation's use and retention of such information.

Privacy Statement

Web Site Privacy Policy

This Web site Privacy Policy discloses the information gathering and dissemination practices of The New Morning Foundation. The New Morning Foundation can be contacted by mail at 807 Gervais Street, Suite 102 Columbia, South Carolina 29201, and by telephone at 803-929-0088.

1. Collection of Personal Information from Site Visitors - (1) the e-mail addresses of visitors that communicate with The New Morning Foundation via e-mail, (2) information knowingly provided by the visitor in online forms, registration forms, surveys, e-mail, contest entries, and other online avenues (including demographic and personal profile data).

To better serve visitors to our web site, The New Morning Foundation may use "cookies" to enhance a visitor's browsing experience. Cookies are simple text files stored by a user's browser and they provide a method of distinguishing among visitors to The New Morning Foundation web site. The cookies placed on a visitor's computer by using our web site do not contain personally identifiable information. A visitor can refuse a cookie or delete the cookies file from his/her computer at any time by using any one of a number of widely-available methods.

When a visitor performs a search within The New Morning Foundation web site, The New Morning Foundation may record information identifying the visitor or linking the visitor to the search performed. The New Morning Foundation may also record limited information for every search request and then use that information only to solve technical problems with the service and to calculate overall usage statistics.

2. Use of Personal Data Collected - Personal data collected by The New Morning Foundation may be used by The New Morning Foundation for many reasons, for example, for editorial and feedback purposes, for a statistical analysis of visitors' usage, for product development, for content improvement, or for customization of the content and layout of our site. Aggregate data on visitors' home servers may be used for internal purposes or provided to third parties. Individually identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information that visitors voluntarily provide to The New Morning Foundation may be added to The New Morning Foundation’s databases and/or used for future calls and mailings regarding site updates, new products and services, upcoming events, and for other purposes in accordance with State and Federal law.

3. Disclosure of Personal Data to Third Parties - Unless otherwise authorized by a visitor, The New Morning Foundation will not sell, license or disclose personally-identifiable information to unaffiliated third parties.

The New Morning Foundation will not release personally-identifiable information to any party unless permitted or required to do so by government authorities or legal process in accordance with applicable law.

4. Link Disclaimer - The New Morning Foundation may occasionally provide links to other entities' web sites for convenience to the visitor in locating health-related information, services, and products. A visitor is advised that when he/she links to other sites, that visitor is leaving The New Morning Foundation's site, and these other sites are maintained by organizations over which The New Morning Foundation has no control. Accordingly, a link on our web site(s) does not constitute endorsement of the content, viewpoint, policies, products or services provided or advertised on that site. Once a visitor links to a site not maintained by The New Morning Foundation, that visitor would be subject to the terms and conditions of that site, including, but not limited to, its privacy policy.

5. Security Measures - The New Morning Foundation has implemented security features to prevent the unauthorized release of or access to personal information. Please be advised, however, that the confidentiality of any communication or material transmitted to/from The New Morning Foundation via this site or e-mail cannot be guaranteed. Accordingly, The New Morning Foundation is not responsible for the security of information transmitted via the Internet.

6. Opt-Out Right - Visitors may opt out of having their personally identifiable information retained by The New Morning Foundation, used by The New Morning Foundation for secondary purposes, disclosed to third parties, or used by The New Morning Foundation or third parties to send promotional correspondence to the visitor by contacting The New Morning Foundation via regular mail, e-mail, or telephone at the addresses above. (This does not apply to collection of the type of web browser of visitors to The New Morning Foundation' web site.)

7. Access to and Ability to Correct Personal Data - Upon request via regular mail, e-mail, or phone, The New Morning Foundation will provide to any visitor a summary of any personally identifiable information retained by The New Morning Foundation regarding the visitor. Visitors may modify, correct, change or update personally identifiable information The New Morning Foundation has collected via this web site by contacting The New Morning Foundation via regular mail, e-mail, or telephone at the addresses above.

8. Collection of Personal Data from Children - To the extent that The New Morning Foundation is able to determine the age of users by their submissions to or communications with our web site, The New Morning Foundation will not knowingly (a) collect or post information from individuals under the age of sixteen ("children") without their parent's or guardian's consent, or (b) provide any personally identifying information collected from children, regardless of its source, to any third party for any purpose whatever.

If registration is required for any services on The New Morning Foundation Site, and a user submits information to The New Morning Foundation's web site through such a registration process that indicates that such user is a child, the child's parent or guardian will be alerted to the child's registration and will be provided instructions on how the parent or guardian can delete the child's registration, if so desired. No information collected through The New Morning Foundation's web site from users self-identified as children will knowingly be used for any direct marketing or promotional purposes. If there are no age restrictions on a contest which requires registration, and if a child wins, notification and prizes will be sent to the parent(s) or guardian(s) identified in the initial registration process.

9. The New Morning Foundation's Right to Contact User - The New Morning Foundation reserves the right to contact site visitors regarding any policies or agreements relevant to site visitors.

10. The New Morning Foundation's Right to Change Privacy Statement - The New Morning Foundation reserves the right to change this Privacy Statement at any time without notice. 


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